bandfinder terms and conditions
This is a legal agreement between you and bandfinder (ABN 41 705 091 509) registered at PO Box 7055 Hawthorn North Victoria 3122 Australia, in which you accept the terms that govern your use of bandfinder services provided by bandfinder as described below.
This agreement together with all updates, additional terms, access rights and all of bandfinder rules and policies- collectively constitute the agreement between you and bandfinder.
To agree to these terms click 'Agree'. If you do not agree to these terms, DO NOT click Agree and DO NOT use the service.
You must acknowledge, accept and abide by these terms as presented to you: Any changes, additions, deletions are not acceptable and bandfinder may refuse access to the on-line bandfinder service for non-compliance with any part of this agreement.
Definition of terms:
RSS: Really simple syndication service used in electronic communication
Blog: Feedback comment on the products/services of business community/traders posted on 'bandfinder' website.
SPAM: unsolicited or undesired bulk electronic messages
WAP: Applications that use wireless communications
FREE TRIAL OFFER: Free Trial Offer is a no obligation trial for a period of 90 days from date of initial subscription. bandfinder
management may extend this trial period whilst in beta mode. See below.
1. Description of service (in brief)
bandfinder service permits you as a registered member to do the following:
[please note: While bandfinder is in beta mode - all member groups are free. We will be in beta mode until there are a significant number of users. At that time, a small fee may be introduced to Venues and Performers to cover server bandwidth costs - Until then - enjoy bandfinder as a free beta service - we are investing our time and money into advertising this system and encourage your support - spread the word].
Punters and Patrons
A free membership service that allows individuals to search for and view the public pages of bandfinder subscriber live performers and venues.
Live performers
An annual subscription fee-based service where live performers can join and create their own identity page. Provides opportunity to upload music, photographs, contacts, book and confirm gigs with bandfinder subscriber venues, organise a tour, and instantly advertise gigs to syndication readers and the visiting public.
Venue owners
An annual subscription fee-based service where venues can join and create their own identity page. Provides opportunity to upload photographs, contact information, book and confirm gigs with bandfinder subscriber live performers, and instantly advertise gigs to syndication readers and the visiting public.
Private function organisers
A time-limited subscription fee-based service where private function organisers can join and create their own non-publicly promoted identity page. Provides access to bandfinder subscriber live performers' contact information, with the capacity to book and confirm
gigs. These
gigs will not be advertised.
2. Methods of Payment
Annual subscription fees are to be paid using the 'Paypal' facility as directed in the subscription process found on the bandfinder website.
3. Registration and conditions of membership:
a. Registration data
You agree to provide accurate, current and complete information (registration data) required to register with the service and at other times as may be required in the course of using the service. You further agree to maintain and update your registration data as required to keep it accurate, current and complete.
You agree that bandfinder will store and use the registration data provided by you for use in RSS, email broadcasts, other advertising as deemed appropriate by bandfinder, maintaining your user account and receiving payments from you. For specifics regarding what information will be used for advertising please refer to our privacy policy.
b. Age restrictions:
This service is available for individuals aged 18 and above. If you are between 13 and 18 you should review these terms and conditions with your parent/guardian to ensure you and your parents/guardian understand and agree to the terms. The age of consent in the area you are domiciled is required to be adhered to.
c.User account and security
Account and password: As a registered member you will use a user-id and password to access the service. You are solely responsible for maintaining confidentiality and security of your account. You should not reveal your account information to any one else or use anyone else's account. You are entirely responsible for all activity of your account. You agree to immediately notify bandfinder of any unauthorised use of your account or any other breach of security. bandfinder shall not be responsible for any losses arising out of any unauthorised use of your account.
d. Sending Unsolicited email for referring friends
You must not send unsolicited email ('SPAM') to strangers to promote bandfinder or for any other reason deemed inappropriate in the reasonable opinion of bandfinder.
e. Receiving Advertising RSS, emails (applicable only to members who have opted in to receive promotional messages)
By joining bandfinder, the member consents to receiving advertisement messages (including commercial) via RSS, email broadcast by bandfinder.
Such RSS messages, emails may contain third party advertisements, embedded hyperlinks to Web sites or WAP sites operated by third parties or their licensees or contractors. All third party advertising is paid for by the relevant advertisers and is not a recommendation or endorsement by bandfinder or its Affiliates or their respective owners or employees.
The member is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. In some instances, the advertisement will contain representations or offers by the third party advertiser, which the member can accept by linking to the advertiser's web site, WAP site or replying to the RSS, email and executing a relevant transaction. The member acknowledges that such offers are not made by bandfinder, and the third party advertiser is solely responsible to the member for the delivery of any goods or services requested or purchased from the third party.
f. Posting of information to third party links
The service may offer interactive features that allow you to among other things, submit or post information, materials or links to 3rd party content on areas of service accessible and viewable by other users of the service and public. You represent and agree that any use by you of such features, including any information, material, links submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws contribute to encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that have obtained all necessary rights, licenses or clearance. You further agree to provide accurate and complete information in connection with your submission or posting of any information, materials on the service.
Moreover you hereby grant bandfinder world-wide, royalty free, non-exclusive licenses to use such material as part of the service, and in relation to products and service, without any compensation or obligation to use.
g. bandfinder reserves the right not to post or publish any materials and to delete, remove or edit any materials, at any time in its sole discretion without notice or liability.
4. Subscriber Service
Whilst using bandfinder services " you shall not:
- restrict or inhibit any other member from using or enjoying facility;
- post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
- post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
- post or transmit any material of any kind which contains a virus or other harmful component;
- post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;
- post any material that violates:
- State / Federal law;
- Instructions, regulations, guidelines issued by regulatory authorities;
- Relevant licenses and other codes of practice;
- Privacy or copyright rules or any other proprietary interest; or
- SPAM acts of relevant countries
bandfinder may from time to time monitor or review the contents of its service.
bandfinder reserves its right to refuse to post or to remove any information and/or materials (in whole or in part) that in bandfinder' sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Service.
You expressly acknowledge and agree that:
bandfinder reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
You agree that bandfinder maintain the right to inspect member content and take appropriate action on receiving complaints relating to member content via the bandfinder service. We take abuse of people's privacy rights seriously.
bandfinder contacts all account holders by e-mail or phone for any matter relating to unsolicited, abusive, deceptive or misleading messaging that has been conducted through the bandfinder service. Appropriate action may constitute the suspension or cancellation of an account pending investigation into any alleged abuse or misuse of the bandfinder service for inappropriate or illegal use.
bandfinder reserves the right to suspend and/or terminate any membership account created and/or subsequently modified in a manner that in bandfinder's opinion is offensive, obscene, profane or indecent. Should such an event arise, the member shall be given the opportunity to modify their account, if this is not done so, within seven (7) days of email notification as at sent date by bandfinder, the member's account shall be cancelled and any refund entitlement shall be revoked.
While using the service, you may encounter content material that may be deemed offensive, indecent, objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the service at your sole risk and that bandfinder shall not have any liability to you for content that may be found to be offensive, indecent or objectionable.
5. Termination
a. If you fail or bandfinder suspects that you have failed to comply with any of the provisions of this agreement, including but not limited to:
- failure to provide accurate and complete registration data,
- failure to safeguard your account information,
- violation of usage rules,
- infringement or violation of 3rd party rights,
In that case bandfinder at its sole discretion, without notice to you may terminate this agreement and/or close your account.
b. If bandfinder realises that messages are not getting delivered to you due to changes in registration data not updated to bandfinder by you then bandfinder will suspend the account until such time that registration data is accurately and completely updated.
c. You can terminate your member account at any time by emailing bandfinder at info@bandfinder.com.au. You will not receive any refund for any outstanding time value remaining on your annual subscription.
6. Privacy policy
Except as otherwise provided for in this agreement, the service is subject to bandfinder privacy policy and legal disclaimers that is expressly made as part of this agreement. You are required to read the bandfinder privacy policy, before you click agree.
7. Intellectual property, copyright, trademarks
You agree that the service, including but not limited to content, contains proprietary information and material that is owned by bandfinder and/or its licensors, trading partners and it is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such information in any way whatsoever except for use of the service in compliance with the terms of this agreement.
No portion of the service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, create derivative works based on the service, in any manner, and you shall not exploit the service in any unauthorised way, whatsoever including but not limited to, by trespass or burdening network capacity.
Trademarks, service marks, graphics and logos used in connection with the service may be the trademarks of bandfinder or their respective owners (trading partners). You are granted no right or licenses to use any of the above.
8. Rights to suspend, make changes to service
Changes to terms of service
bandfinder reserves the right to vary the specifications, rates, rules and conditions of any element of the service at any time by providing 14 days notice on this website.
Changes to service
You acknowledge that some aspects of the service and usage rules may involve on-going changes by bandfinder. Accordingly in the event that bandfinder changes any part of the service or discontinues the service which bandfinder may do so at its sole discretion, you acknowledge that you may no longer be able to use the service to the same extent as prior to such change or discontinuation and that bandfinder shall bear no liability in such case.
Delivery or use of service
On occasions, technical problems may delay or prevent delivery of use of service. bandfinderis not liable for any claim made for such breaks in service.
9. Disclaimer of warranty and limitation of liability
a. bandfinder does not guarantee, represent or warrant:
That your use of service will be uninterrupted or error free and you agree that from time to time bandfinder may remove the service for indefinite periods of time, cancel the service at any time, without notice to you;
- Financial results that may be obtained through membership of the service;
- The accuracy, reliability or otherwise of any information obtained through membership of the service;
b. You expressly agree that your use of or inability to use the service is at your sole risk.
The services delivered are provided in an 'AS IS' condition and as available for your use, without warranties of any kind, either expressed or implied (including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement).
c. In no case shall bandfinder, its owners, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of this service.
d. bandfinder shall use reasonable efforts to protect information submitted by you in connection with the services but you acknowledge and agree that your submission of such information is at your sole risk and bandfinder hereby disclaims any or all liability to you for loss or liability relating to such information in any way.
e. bandfinder does not represent or guarantee that the service will be free from loss, corruption, attack, virus, interference, hacking or other security intrusions, and bandfinder disclaims any liability relating thereto. You shall be responsible for backing your own system and data.
f. bandfinder acts as a referral agent only and is not responsible for the quality of goods and/or service purchased by the member. Any complaints or enquiries must be directed to the respective traders.
10. Indemnification and waivers
The member indemnifies and keeps indemnified bandfinder and its officers, employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon the members use of the service.
11. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Victoria and of the Commonwealth of Australia. The member submits to the jurisdiction of the courts of Victoria and the Commonwealth of Australia.
12. General compliance with laws
The service is operated by bandfinder and available world-wide. You agree to comply with all local, state, federal and national laws, statutes, ordinances and regulations that may apply to your use of the service.
13. Enforcement
bandfinder reserves the right to take steps they believe are reasonably necessary/appropriate to enforce and/or verify compliance with any part of this agreement (including but not limited to bandfinder right to cooperate with any legal process relating to your use of the service and/or third party claim that your use of service is unlawful and/or infringe such third party rights).
You agree that bandfinder has the right, without liability to you, to disclose any registration data to law enforcement authorities, government officials and/or third parties as bandfinder believes is reasonably necessary or appropriate to enforce/verify compliance with any part of this agreement.
14. Notices
bandfinder may send you notice with respect to the service by sending an email message to the email address listed in your registration data or by sending a letter via postal mail to the contact address listed in your registration data or by posting on bandfinder website. Notices shall become effective immediately.
15. Entire agreement
The latest version of the terms appearing on the bandfinder site supersedes all previous versions. You must acknowledge, accept and abide by these terms as presented to you.
These Terms of Service should be read in conjunction with the bandfinder Privacy Policy Statement.